Appellate Division of the Supreme Court of New York, 1937

Peekskill Dairy Farms, Inc. v. De Maria

Peekskill Dairy Farms, Inc. v. De Maria
Appellate Division of the Supreme Court of New York · Decided October 18, 1937
252 A.D. 770; 299 N.Y.S. 759; 1937 N.Y. App. Div. LEXIS 6230
Peekskill Dairy Farms, Inc. v. De Maria

Opinion of the Court

Action to recover for unpaid rent, for work, labor and services, and for materials furnished by the plaintiff to the defendants. Judgment of the County Court of Westchester county in favor of plaintiff reversed on the law and the facts and a new trial ordered, with costs to abide the event. The finding of the jury which imports that the plaintiff’s dealings were with the four defendants individually instead of with the Peekskill Community Club, Inc., is against the weight of evidence. Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.

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